Q: Your NYC business has employees working in NYC that are covered by a collective bargaining agreement. Are they eligible for paid sick leave under the NYC Earned Sick Time Act?

A: It depends. The law does not apply to employees covered by a valid collective bargaining agreement that was in effect on April 1, 2014 until that collective bargaining agreement terminates. For employees covered by a collective bargaining agreement that came into effect or renewed after April 1, 2014, the law does not apply if the collective bargaining agreement expressly waives the law's provisions and the agreement provides a comparable benefit to employees, such as paid time off. Otherwise, the law applies to these employees.

Exception: For employees in the construction or grocery industry covered by a collective bargaining agreement that came into effect after April 1, 2014, the law does not apply if the collective bargaining agreement expressly waives the law's provisions. The agreement does not have to provide a comparable benefit to these employees.

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